Dodge v. Breed
Massachusetts Supreme Judicial Court
The estate of David Woodward, the defendant’s intestate, having been represented insolvent, the plaintiffs presented their claim before the commissioners appointed by the Judge of Probate to receive and examine the several claims on the said estate.
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The estate of David Woodward, the defendant’s intestate, having been represented insolvent, the plaintiffs presented their claim before the commissioners appointed by the Judge of Probate to receive and examine the several claims on the said estate. The plaintiffs claimed a sum of money which they had advanced to the said Woodward in his lifetime ; and also special damages on account of the said Woodward’s not having invested it in merchandise at Canton in China, according to his undertaking and agreement. The commissioners allowed the claim for the principal sum, with lawful interest; but…
1Opinion of the Court
The Court was of opinion that all the creditors of the deceased were entitled to be paid equally, in proportion to the debts due to them at the time of the death of their debtor ; and that, therefore, interest on all demands ought to stop at the time of the death. Or else interest should be allowed on all, whether they expressly bear interest or not, from the time of the death of the party till the report is made. In any other mode, the creditors would not all be paid in proportion to their respective debts,-as required by the statute before mentioned.
When the estate eventually proves…
2Cited by3 opinions
- Williams v. President, Directors of American BankMassachusetts Supreme Judicial Court · 1842
- Blake v. DennieMassachusetts Supreme Judicial Court · 1834
- Stevens v. HaleMassachusetts Supreme Judicial Court · 1843